Marginal note:Workplace information
39 (1) For the purpose of identifying any differences in compensation under subsection 78(1) of the Act, an employer — or, if a pay equity committee has been established, that committee — must collect the following information:
(a) in the case of an employer referred to in any of paragraphs 3(2)(a) to (d) of the Act, for each March 31 during the period beginning on the day after the day on which the most recent pay equity plan was posted and ending on the day before the day on which the revised pay equity plan is posted under section 80 or 81 of the Act, information that represents its workplace as it was on that March 31 and that is necessary to identify changes — other than changes excluded in accordance with section 40 — that are likely to have had an impact on pay equity since the day on which the most recent pay equity plan was posted or the previous March 31 with respect to which information must be collected under this subsection, if that day is more recent; and
(b) in the case of an employer referred to in any of paragraphs 3(2)(e) to (i) of the Act, for each day on which the employer’s fiscal year ends during the period beginning on the day after the day on which the most recent pay equity plan was posted and ending on the day before the day on which the revised pay equity plan is posted under section 80 or 81 of the Act, information that represents its workplace as it was on the day on which the employer’s fiscal year ends and that is necessary to identify changes — other than changes excluded in accordance with section 40 — that are likely to have had an impact on pay equity since the day on which the most recent pay equity plan was posted or the previous day with respect to which information must be collected under this subsection, if that day is more recent.
Marginal note:Other last day
(2) However, the last day with respect to which information must be collected before the posting of the final version of the revised pay equity plan in accordance with section 83 or paragraph 85(2)(b) of the Act may be a day selected by the employer or the pay equity committee, as the case may be, if the day that is selected is not more than one year before that version is posted and is before the day on which the revised pay equity plan must be posted under section 80 or 81 of the Act.
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